Draft rules shed light on marijuana dispensaries

As many towns and cities scramble to regulate or impose moratoriums on medical marijuana dispensaries, the state has proposed rules that offer clues about what it might be like to live near one of the new treatment centers.

As many towns and cities scramble to regulate or impose moratoriums on medical marijuana dispensaries, the state has proposed rules that offer clues about what it might be like to live near one of the new treatment centers.

The state Department of Public Health’s draft regulations detail how dispensaries might look inside and out, who would be allowed in and how much say local officials would have in where and how they do business, among other things.

Geoff Beckwith, executive director of the Massachusetts Municipal Association, recently said he was still examining the draft regulations, but overall, they seemed responsive to the concerns municipalities have about such treatment centers.

"We think that the initial framework in the draft did recognize that cities and towns have not only an appropriate, but a strong role to play in this process," he said.

Starting this year, the 2012 ballot initiative allows 35 nonprofit centers – at least one in each county, but no more than five – to grow, process and provide marijuana to certified patients or caregivers registered with the state.

Many communities have tried to buy some time to craft regulations on how and where dispensaries can operate. Attorney General Martha Coakley’s office recently struck down a ban on such facilities in Wakefield, but upheld a temporary moratorium in Burlington.

The proposed regulations outline an application process for anyone who wants to open a medical marijuana center. Applicants would have to propose their dispensaries on specific properties they already own, have an option to buy or are leasing, for either five years or at least a year with an option to renew for four more.

The draft regulations say they should not interfere with "appropriate, lawful local oversight and regulation," which appears to require dispensaries to comply with all local rules.

The Department of Public Health also could consider whether a proposed dispensary would comply with all local codes, ordinances and bylaws, and whether there is community support for the project, when ranking applicants.

Beckwith said this gives operators an incentive to listen and respond to local concerns.

State regulators also could inspect proposed sites to see if they are suitable or consider if they are too close to other dispensaries.

Beckwith said he envisions other roles for municipalities at treatment centers, including zoning and law enforcement and health inspections at any site that makes and sells food products that contain marijuana.

The proposed rules would allow treatment centers to grow and process marijuana either on-site or at one remote location in the state. They also could offer "products containing marijuana, related supplies or educational materials."

Centers would only be allowed to grow enough to meet the demand of patients registered with their facilities and would have to test their products for mold, mildew and other contaminants. Everything would have to be grown organically, without pesticides.

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Plants, processed marijuana or products containing the drug would be kept in locked, secure areas or containers accessible only to a limited number of employees.

Dispensaries could only put one sample of each product in indoor display cases. Don’t expect labels advertising "wacky tobacky" – marijuana and related products could be packaged only in plain, opaque, childproof containers. They could be marked only by the treatment center’s logo, tracking codes, information on the quantity and date of packaging, and a disclaimer that marijuana has not been approved by the U.S. Food and Drug Administration.

Generally, only registered patients, their caregivers, employees or contractors would be allowed inside treatment centers.

Outside, dispensaries could only put up unlit signs with the name of the treatment center, no larger than 16 by 8 inches. Graphics or advertisements for marijuana would be barred, as would prices, window displays and novelty items. There would have to be enough lighting outside to "facilitate surveillance," the proposed regulations say.

Video would be required in all areas with marijuana, as well as entrances, exits and parking lots. Treatment centers would have to make 24-hour recordings available at the Department Public Health’s request and keep recordings for at least 90 days.

Anne Johnson, executive director of the Massachusetts Medical Marijuana Association, said the Department of Public Health has been timely and open about its thinking in its proposed regulations. She said overall, her group, a trade association, is pleased.

"We want to push this forward," Johnson said. "We want to have some companies that are able to have their nonprofit operations up and running. We know the patients are there. They’re anxious to address their medical conditions and alleviate their pain."

The Department of Public Health will accept public comments until April 20 and send its final regulations for a vote of the state Public Health Council in May.

If approved, the agency plans to begin accepting applications for medical marijuana treatment centers this summer or fall.

(David Riley can be reached at 508-626-4424 or driley@wickedlocal.com.)